Vietnam: Summary of administrative fines related to alcohol, beer and tobacco from November 15, 2020

Violations related to alcohol, beer and tobacco are sanctioned according to theDecree No. 117/2020/NĐ-CP prescribing penalties for administrative violations in medical sector issued on September 28, 2020 by the Government of Vietnam.

Tổng hợp các mức phạt VPHC liên quan đến rượu, bia, thuốc lá từ 15/11/2020, Nghị định 117/2020/NĐ-CP

Penalties for violations alcohol, beer and tobacco-related acts are specified from Article 25 to Article 37 of Decree No. 117/2020/NĐ-CP of Vietnam’s Government, specifically in the following table:

Tobacco-related violations

Fines (VND)

Violations against regulations on non-smoking areas

Smoking in non-smoking areas. Acts of in-light smoking shall be penalized in accordance with regulations on penalties for administrative violations in the civil aviation sector.

A warning or a fine ranging from 200.000 to 500.000

Failing to display “non-smoking” words or signs at non-smoking areas as prescribed by law

3.000.000 - 5.000.000

Failing to organize, instruct, inspect and expedite the implementation of smoking bans in areas under management

Failing to provide rooms and air ventilation systems separate from non-smoking areas in designated smoking areas

5.000.000 - 10.000.000

Failing to provide containers of tobacco butts and ashes in designated smoking areas

Failing to display signs at suitable and prominent positions in designated smoking areas

Failing to provide firefighting equipment in designated smoking areas

Violations against regulations on sale and supply of tobacco

Failing to display the notice stating “It is illegal to sell tobacco products to anyone under the age of 18” at points of sale of a tobacco wholesale or retail dealer

1.000.000 - 3.000.000

Displaying more than one pack, carton or box of a tobacco brand at a tobacco retail agent or point of sale

3.000.000 - 5.000.000

Selling or supplying tobacco products to persons aged under 18

Selling or supplying tobacco products which are not labeled or whose packages do not indicate health warning as prescribed by law. If tobacco products which are not labeled or whose packages do not indicate health warning are illegally imported, the violation shall be penalized in accordance with regulations on penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Violations against regulations on labeling and printing of health warnings on tobacco packages

Failing to comply with the prescribed form, position, area and color of the health warning printed on tobacco packages

20.000.000 - 30.000.000

Failing to change the health warning printed on tobacco packages for every 2 years as prescribed by law

Failing to indicate the quantity of cigarettes on each cigarette pack or the weight on other tobacco products

Using words or phrases that mislead readers or users into believing that tobacco only causes little harm, or cause them to misunderstand the harms of tobacco and tobacco smoke to human health

Failing to print health warnings on packages of tobacco products manufactured or imported for sale in Vietnam

30.000.000 - 40.000.000

Signing contracts for production of foreign-branded for sale in Vietnam without obtaining a permit from a competent authority

Violations against regulations on smoking cessation

Failing to have a separate place for providing direct smoking cessation counseling as prescribed by law

1.000.000 - 2.000.000

Failing to prepare media documents on smoking cessation and smoking cessation counseling

Failing to equip telephones, internet or other means of communication to serve the provision of indirect smoking cessation counseling

Failing to give a written notification before providing smoking cessation or smoking cessation counseling services to the Department of Health of province where such services are provided

Violations against other regulations on prevention and control of tobacco harms

A person aged from 16 to under 18 uses tobacco

A warning or a fine ranging from 200.000 to 500.000

Encouraging or forcing others to use tobacco

500.000 - 1.000.000

Requesting persons aged under 18 to buy tobacco products

Using tobacco images on newspapers or publications for children

3.000.000 - 5.000.000

Providing information without scientific grounds or inaccurate information on tobacco and its harms

Failing to include contents about prevention and control of tobacco harms in annual operation plan or failing to include workplace smoking bans in internal regulations

Failing to impose restriction on tobacco use in theatrical and cinematographic works as prescribed by law

Using name, brand and symbols of tobacco products on other products/services

20.000.000 - 30.000.000

Performing direct marketing of tobacco products to consumers in any forms

Allowing the provision of direct-to-consumer tobacco marketing at facilities under management

Delaying payment of compulsory contributions as prescribed by law

Making false statements resulting in insufficient payment of compulsory contributions as prescribed by law

Using funds provided by the Fund for prevention and control of tobacco harms against regulations of law

Disseminating information or notices of sponsoring by tobacco traders

Sponsoring in any form, unless permitted by law

30.000.000 - 40.000.000

Evading or cheating on payment of compulsory contributions as prescribed by law

Violations related to alcohol and beer

Violations against regulations on consumption of alcoholic beverages and places where alcoholic beverage consumption is not allowed

A person aged from 16 to under 18 uses alcoholic beverages

A warning or a fine ranging from 200.000 to 500.000

Consuming alcoholic beverages at places where the alcoholic beverage consumption is not allowed

500.000 - 1.000.000

Inciting or persuading others to consume alcoholic beverages

Consuming alcoholic beverages before or during working or learning hours or break times

1.000.000 - 3.000.000

Forcing others to consume alcoholic beverages

Violations against regulations on sale and supply of alcoholic beverages

Selling or supplying alcoholic beverages to persons aged under 18

1.000.000 - 3.000.000

Failing to post a notice stating that “It’s illegal to sell alcoholic beverages to anyone under the age of 18” at a prominent place in the establishment that sells alcoholic beverages

Selling alcoholic beverages at places where the sale of alcoholic beverage is not allowed

5.000.000 - 10.000.000

Establishing a new on-premise establishment within a radius of 100 m from the outer boundary of a health facility, kindergarten, nursery school, pre-school or general education school

Failing to satisfy one of the eligibility requirements when selling alcoholic beverages through e-commerce

10.000.000 - 20.000.000

Violations against regulations on sales promotion of alcoholic beverages

Offering discounts on alcoholic beverages to persons aged under 18

10.000.000 - 20.000.000

Running sales promotions of alcoholic beverages having at least 15% ABV

Using alcoholic beverages having at least 15% ABV to run sales promotion in any form

Failing to comply with regulations on sales promotion when running sales promotions of alcoholic beverages having less than 15% ABV

Violations against regulations on advertising of alcoholic beverages

Employing persons aged under 18 to directly engage in advertising of alcoholic beverages

15.000.000 - 20.000.000

Advertising spirits having less than 15% ABV and beer products:

+ An advertisement contains information/images aimed at encouraging alcoholic beverage consumption, saying that alcoholic beverages may enable the maturity, success, friendliness and sex appeal, or being directed towards children, students, adolescents and pregnant women;

+ An advertisement uses objects, images, symbols, music, movie characters and brands of products intended for children, pupils and students, or uses images of persons aged under 18;

+ Alcoholic beverages are advertised in advertising events or through advertising facilities/products that are intended for persons aged under 18, pupils, students, adolescents and pregnant women;

+ Alcoholic beverages are advertised on vehicles;

+ Alcoholic beverages are advertised on audio or visual newspapers before, during or after a children's program, or from 18:00 PM to 21:00 PM daily, unless permitted by law;

+ Alcoholic beverages are advertised through outdoor advertising facilities that violate regulations on sizes and placement distance from educational institutions, nursing care centers and recreational centers intended for persons aged under 18;

+ An advertisement does not contain warnings against harmful effects of alcoholic beverages as prescribed by law;

+ Failing to run a filtering system or access control software to prevent persons aged under 18 from accessing and searching for information about alcoholic beverages when running advertisements on online newspapers, websites, electronic equipment, terminal devices and other telecommunications equipment.

20.000.000 - 30.000.000

Advertising spirits having from 5.5 to less than 15% ABV and beer products having at least 5.5% ABV:

+ Advertisements are displayed in art performance or sports programs;

+ Advertisements are placed on outdoor advertising facilities, except for signboards of alcoholic beverage traders.

30.000.000 - 40.000.000

Violations against regulations on responsibilities of heads of agencies

or organizations

Failing to organize the implementation of measures for preventing and controlling harmful effects of alcoholic beverages

3.000.000 - 5.000.000

Failing to organize the implementation of regulations on prohibition on consumption of alcoholic beverages during working hours and at workplaces

Failing to warn or request persons who consume or sell alcoholic beverages at places where the consumption or sale of alcoholic beverages is not allowed under their management to stop their violations

Failing to organize, instruct, inspect and expedite the implementation of regulations on prohibition on consumption and sale of alcoholic beverages at places under their management

A head of a transport company or vehicle owner fails to implement measures for detecting and preventing vehicle operators from consuming alcoholic beverages before and while driving

5.000.000 - 10.000.000

Violations against regulations on responsibilities of alcoholic beverage traders

Failing to provide adequate and accurate information on their business at the request of competent authorities

3.000.000 - 5.000.000

Failing to remind or post a sign warning customers not to drive after drinking

Employing persons aged under 18 to directly engage in trading of alcoholic beverages

10.000.000 - 15.000.000

Providing inaccurate information or information without scientific grounds about alcoholic beverages

Violations against regulations on dissemination of information and education about prevention and control of harmful effects of alcohol beverages

Failing to educate, supervise and remind family members aged under 18 not to consume alcoholic beverages

500.000 - 1.000.000

Failing to ensure accuracy, objectivity and rationality when disseminating and providing information and education about prevention and control of harmful effects of alcoholic beverages

3.000.000 - 5.000.000

Providing inaccurate or misleading information on effects of alcoholic beverages on health

10.000.000 - 15.000.000

Violations against regulations on alcoholic beverage sponsorship

Providing alcoholic beverages as part of the sponsorship

20.000.000 - 30.000.000

Decree No. 117/2020/NĐ-CP of Vietnam’s Government effective from November 11, 2020 and replaces the Decree No. 176/2013/NĐ-CP

Le Hai

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